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About the Book

The challenges of climate change pose problems requiring new and innovative legal responses by legal practitioners, government officials and corporate officers.

This book addresses a broad range of topic areas where climate change has impact and systematically analyses the key legal responses to climate change, both at the international level and within Australia at federal, State and local levels.

In particular, it critically examines:

the rights, duties and market mechanisms established under the international climate change regime

the effect of climate change policies on the implementation of environmental and planning laws

new regimes for the implementation of renewable energy and energy efficiency initiatives

legal frameworks for the implementation of biological and geological sequestration projects (including forest projects and carbon rights); and

legal principles for the design of an effective carbon trading scheme for Australia

It also considers the role of the common law including:

the likely response of the law of torts to emerging forms of climate change harm; and

potential liabilities for professionals who must take climate change into account in their decision-making and advice

Table of Contents

The Role of Law in Responding to Climate Change Part I - Setting the Foundations 1. Science and Economics of Climate Change 2. Comparative Models of Atmospheric Regulation Part II - The International Response to Climate Change 3. Architecture of the UNFCCC and Kyoto Protocol 4. The Kyoto Flexibility Mechanisms 5. Monitoring and Enforcement of the International Climate Change Regime 6. Future Directions Post-Copenhagen Part III - Australia's Legislative Response to Climate Change 7. The Traditional Approach to Emissions Reductions 8. Creating an Effective Emissions Trading Scheme 9. Renewable Energy and Tradeable Certificates 10. Energy Efficiency in the Property Sector Part IV - Sequestration and Offset Projects in Australia 11. Legal Issues in Biological Sequestration 12. Rights and Liabilities in Carbon Capture and Storage Part V - Environmental Law and Climate Change Harm 13. The Role of Environmental Law in Minimising Harm 14. State-Based Assessment of Greenhouse Gas Emissions 15. Assessment and Approval under Federal Environmental Law 16. Facilitating Adaptation to the Impacts of Climate Change Part VI - Common Law of Torts and Professional Liability 17. The Hypothetical Climate Suit in Negligence 18. Climate Change and Causation Issues 19. Liabilities of Local Authorities in Adapting to Climate Change 20. Prospects of Success and Insurance 21. Professional Liability and Climate Change

About the Author

Nicola Durrant previously worked as a solicitor in a top tier Sydney law firm. She is currently a Lecturer in the Faculty of Law at Queensland University of Technology and a Vice-Chancellor's Research Fellow.